---
kind: "section"
citation: "23 C.F.R. § 637.209"
title: "23"
number: "637.209"
heading: "Laboratory and sampling and testing personnel qualifications."
url: "https://uscodex.org/cfr/23/637.209"
---

# §637.209. Laboratory and sampling and testing personnel qualifications.

- (a) **Laboratories.**
  - (1) After June 29, 2000, all contractor, vendor, and STD testing used in the acceptance decision shall be performed by qualified laboratories.
  - (2) After June 30, 1997, each STD shall have its central laboratory accredited by the AASHTO Accreditation Program or a comparable laboratory accreditation program approved by the FHWA.
  - (3) After June 29, 2000, any non-STD designated laboratory which performs IA sampling and testing shall be accredited in the testing to be performed by the AASHTO Accreditation Program or a comparable laboratory accreditation program approved by the FHWA.
  - (4) After June 29, 2000, any non-STD laboratory that is used in dispute resolution sampling and testing shall be accredited in the testing to be performed by the AASHTO Accreditation Program or a comparable laboratory accreditation program approved by the FHWA.
  - (5) After September 24, 2009, laboratories that perform crash testing for acceptance of roadside hardware by the FHWA shall be accredited by a laboratory accreditation body that is recognized by the National Cooperation for Laboratory Accreditation (NACLA), is a signatory to the Asia Pacific Laboratory Accreditation Cooperation (APLAC) Mutual Recognition Arrangement (MRA), is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA), or another accreditation body acceptable to FHWA.
- (b) **Sampling and testing personnel.** After June 29, 2000, all sampling and testing data to be used in the acceptance decision or the IA program shall be executed by qualified sampling and testing personnel.
- (c) **Conflict of interest.** In order to avoid an appearance of a conflict of interest, any qualified non-STD laboratory shall perform only one of the following types of testing on the same project: Verification testing, quality control testing, IA testing, or dispute resolution testing.

## Notes

### Amendments

[60 FR 33717, June 29, 1995, as amended at 72 FR 54212, Sept. 24, 2007]

### Authority

Authority: Sec. 1307, Pub. L. 105-178, 112 Stat. 107; 23 U.S.C. 109, 114, and 315; 49 CFR 1.48(b).

### Source

Source: 60 FR 33717, June 29, 1995, unless otherwise noted.

### Amendments

[60 FR 33717, June 29, 1995, as amended at 72 FR 54212, Sept. 24, 2007]